An unfavorable immigration decision can be demoralizing, but you may still be able to challenge it. Depending on which agency issued the decision and why they decided against you, you may look into an appeal, a motion to reopen, or a motion to reconsider. Each of these options has separate deadlines, purposes, and documentation requirements.
Because many appeals have strict filing deadlines, it’s important to act quickly and reach out to an immigration appeal lawyer. Lorenzo Law Group is ready to review the initial decision, explore options that are available to you, and help you move forward with the appropriate request. Request a personalized consultation today.
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How Immigration Appeals Work
Immigration appeals ask a higher administrative authority to review a legal decision for legal or factual errors. The agency that reviews the decision depends on which agency made the initial decision. The Board of Immigration Appeals reviews many decisions made by immigration judges. Their analysis generally involves a review of the existing records and written arguments rather than a new hearing. Certain DHS officer decisions are appealed via Form EOIR-29 through the Board of Immigration Appeals.
Not every unfavorable immigration decision can be appealed. Some decisions are challenged through a motion. Others have limited or no administrative review available.
When Can You Appeal an Immigration Decision?
Appeal rights vary quite a bit, depending on the immigration matter. For example, someone may want to appeal an immigration judge’s decision involving removability or eligibility for immigration relief. Certain USCIS petition and application decisions may also be appealed when the applicable regulations provide for appellate review.
Because appeal rights and timelines vary significantly across different types of decisions, you should read your denial notice for specific information. This notice should include information on whether appeals are permitted, where it must be filed, and the deadline. Your immigration appeal attorney can review your denial notice and case history and explain the options available to you.
I-290B Appeals and Motions
Form I-290B, Notice of Appeal or Motion, is used to file certain appeals with the Administrative Appeals Office and certain motions involving USCIS decisions. The form may also be used to file a motion to reopen or a motion to reconsider a prior USCIS decision.
Immigration Court Appeal Options
If you’re instead appealing an immigration judge’s decision, you use Form EOIR-26. Form EOIR-26 generally must be received by the Board of Immigration Appeals within 30 calendar days after the immigration judge renders an oral decision or mails a written decision.
Motion to Reopen Immigration Court Proceedings
A motion to reopen immigration court proceedings asks the court to reopen a case after an immigration judge has rendered a decision. Your motion should identify new facts that may affect the court’s decision and include affidavits or other forms of evidence.
As a general rule, a motion to reopen must be filed within 90 days of the immigration judge’s final order, although exceptions may apply.
The most important thing to remember with a motion to reopen is that you cannot just present the same case and hope for a different outcome. The evidence you have must be material and must not have been available or capable of being discovered during earlier proceedings.
Depending on the specific situation you’re facing, different rules may also apply. For example, certain provisions apply when someone wants to reopen removal orders after failing to appear for a scheduled hearing. Your immigration appeal lawyer can identify the requirements that apply to your case.
Motion to Reopen vs. Motion to Reconsider
These motions address different problems. While a motion to reopen asks the court to consider new facts and evidence, a motion to reconsider challenges the initial decision without providing new evidence. It argues that the initial decision was legally or factually incorrect.
A motion to reconsider generally must be filed within 30 days of the immigration judge’s final order.
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What Happens During an Immigration Appeal?
The process generally begins with a thorough review of the decision and underlying case record. Your immigration appeal attorney may identify factual or legal errors that help them build a case for an appeal.
Your lawyer can then file the appropriate notice of appeal with the correct agency prior to the deadline. The next steps depend on whether you are filing an appeal or a motion.
For an appeal, your attorney can develop arguments from the existing record. If a motion permits new evidence, your attorney can help identify and prepare the supporting material required for that request.
Why You Should Choose Lorenzo Law Group
Lorenzo Law Group’s 100% bilingual immigration team helps clients understand unfavorable decisions and the options for challenging them. We look into whether an appeal, motion to reopen, or motion to reconsider is appropriate for your circumstances. From there, we’ll prepare the proper documentation, submit it ahead of the deadline, and evaluate which types of relief may be available to you moving forward.
Talk to an Immigration Appeal Lawyer at Lorenzo Law Group
An unfavorable decision doesn’t necessarily mean the end of your immigration case. But because you generally have limited time to request an appeal, you should seek professional guidance promptly. If you’re considering immigration appeals in response to a denial, contact Lorenzo Law Group to request a personalized consultation.
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